Jewish Law

Lesson # 511 -- Declaring Who Are His Heirs

In a prior lesson we discussed that a doctor, or midwife or the mother or father is believed to state who is the firstborn. In this lesson we discuss when is a person believed when he states who are his heirs, Thus if a person dies without a will, the person he names will or will not share in the estate of the declarant depending on the halacha as stated below. Also, may a person recant a declaration he made as to were his heirs?

Yaakov declares that Reuven is his son, or that Aharon is his brother or that Moshe and Yehoshua are his cousins or have some other relationship. The person whom he names is a person who will inherit Yaakov if he dies intestate (without a will) according to the laws of intestacy. The declaration of Yaakov is given full credence by Beit Din and such person will be an heir of Yaakov. This holds true even if it is not generally known that such person is related to Yaakov. It holds true whether Yaakov so states when he is on his death bed or halachically healthy. This declaration may be in writing or he may make his intent known by nodding in response to a question put to him whether a certain person is his son or other relative. His declaration applies to all his assets when he made the declaration and to assets he will later acquire. It even applies to assets that he thereafter acquires while he is in a coma before he dies.
Yaakov is believed when he declares that Reuven, a person assumed by the community to be his son is not his son. Neither Reuven nor Reuven’s son will share in the inheritance of Yaakov’s estate.

On January 1, Yaakov declared that Reuven was his son. On January 15, Yaakov declares that Reuven is not his son but is his servant. Reuven’s declaration of January 15 is not give any credence and Reuven is deemed to be his son for the purpose of inheriting from Yaakov. This, in spite of the fact that Reuven performs those services usually performed by a servant. However, if on January 1, Yaakov declares that Reuven is his servant and on January 15 he declares that Reuven is his son, his January 15 declaration is given credence by the Beit Din. This, in spite of the fact that Reuven performs those services usually performed by a servant. Beit Din must weigh all of the factors, for example, Reuven was always called the servant, the son of a handmaid.

Yaakov while passing through customs or immigration authorities declares that Reuven is his son. Sometimes later he declares that Reuven is his servant. His later declaration is believed since he obviously made the first declaration to get Reuven through customs or immigration authorities who permitted sons but not servants to accompany their fathers. The converse does not hold true. If Yaakov at the customs or immigration authorities declared that Reuven was his servant and sometimes thereafter declared that Reuven was his son, his second declaration is not given credence.

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